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We found 2,772 results for "Product Liability Law & Strategy"...

The Yates Memo, Corporate Cooperation and Attorney-Client Privilege
January 31, 2016
Last year, DOJ Deputy Attorney General Sally Q. Yates issued "Individual Accountability for Corporate Wrongdoing" (the "Yates Memo"). It announced the DOJ's corporate cooperation policy requiring disclosure of "all relevant facts about individual[s]" before the DOJ will consider awarding the company any credit for cooperation. Does this change corporate privilege?
Triple Play Status Update: Firings for Employees' Facebook Activity Unlawful
January 31, 2016
On Oct. 21, 2015, the Second Circuit affirmed a 2014 decision by the NLRB overturning the terminations of two employees who had complained about their employer on Facebook.
The NLRB's 'Joint Employer' Thrust Defies 50 Years of Judicial Precedent
January 31, 2016
In this article, I analyze how the NLRB general counsel's approach is refuted by 50 years of virtually unanimous judicial decisions, and address a recent NLRB decision greatly expanding who may be deemed a "joint employer" (and how this decision discarded 30 years of NLRB precedent). I also discuss the harsh consequences that may pertain should the NLRB general counsel succeed in his efforts to have franchisors declared the "joint employers" of their franchisees' employees.
Insurance Limited Partnerships As an Alternate Estate Planning Tool
January 31, 2016
Valuation discounts in estate planning has permitted the transfer of assets from one generation to another in an economically efficient manner. Two of the various discount methods claim lack of control (minority interest discount) and lack of marketability. The IRS has traditionally objected to these approaches in intra-family transfers, while Congress has attempted to legislate away these "loopholes" unsuccessfully and the Treasury Department is contemplating new regulations to accomplish this goal.
Prioritizing e-Mail Security in the Legal Sector
January 31, 2016
Data breaches and cyberattacks aren't new occurrences, but it can sometimes feel like they are. It's only in the last few years that we've seen these attacks make headlines more and more, increasing in both quantity and impact.
Case Notes
January 25, 2016
A recent ruling from the United States District Court for the Western District of New York applied New York law in rejecting an insurer's attempt to deny coverage. Here's an analysis of the case.
The Product Liability Landscape for Furniture Users, Manufacturers and Sellers
December 31, 2015
Homes are full of products that have been the subject of litigation, the focus of standards and the target of Consumer Product Safety Commission (CPSC) investigations. The focus on furniture safety and liability present special challenges for manufacturers and sellers.
Problems with the New Test for Joint-Employer Status
December 31, 2015
This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.
Problems with the New Test for Joint-Employer Status
December 31, 2015
Last summer, the National Labor Relations Board (NLRB) reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.
Problems with the New Test for Joint-Employer Status
December 31, 2015
This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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